Skip to main content

Drug & Alcohol Testing: Marijuana and CBD

Over the past several years, many questions have come up regarding the use of cannabidiol (CBD) and Medical Marijuana. Many states have regulations that differ from the Department of Transportation's (DOT) drug and alcohol testing requirements. Regardless, all DOT Agencies prohibit the use or possession of marijuana regardless of these state laws. Over the past several years, DOT has issued guidance that addresses these discrepancies.

DOT Guidance

On October 22, 2009, the DOT issued a DOT "Medical Marijuana" Notice stating:

We want to make it perfectly clear that the DOJ guidelines will have no bearing on the Department of Transportation’s regulated drug testing program. We will not change our regulated drug testing program based upon these guidelines to Federal prosecutors.

The Department of Transportation’s Drug and Alcohol Testing Regulation – 49 CFR Part 40, at 40.151(e) – does not authorize “medical marijuana” under a state law to be a valid medical explanation for a transportation employee’s positive drug test result.

Medical Review Officers will not verify a drug test as negative based upon information that a physician recommended that the employee use “medical marijuana.”

On February 18, 2020, the DOT Office of Drug and Alcohol Policy and Compliance (ODAPC) issued a DOT "CBD" Notice stating:

It remains unacceptable for any safety-sensitive employee subject to the Department of Transportation’s drug testing regulations to use marijuana. Since the use of CBD products could lead to a positive drug test result, Department of Transportation-regulated safety-sensitive employees should exercise caution when considering whether to use CBD products.

View the recording from our webinar about Marijuana and CBD in the DOT industry at our upcoming webinar.

Register at: https://register.gotowebinar.com/register/6564612606122384651

Latest Blogs

Navigating USDOT Compliance: A Guide for Small and Midsize Enterprises

For small to midsize businesses, understanding the labyrinth of the U.S. Department of Transportation (USDOT) regulations is as critical as it is challenging. These rules can seem like roadblocks, ...

Founder and CEO of Spark TS Honored with Prestigious Recognition in Railway Age’s 2023 Women in Rail

ST. PAUL, MN, USA , November 21, 2023/ EINPresswire.com/ -- Spark TS, a SaaS safety, compliance, and drug & alcohol testing company, announces that its founder and CEO, Katie Inouye, has been ...

Spark TS Launches FRA-approved Spanish Version of Roadway Worker Protection Training

ST. PAUL, MN, USA , August 22, 2023/ EINPresswire.com/ -- Spark TS, a SaaS safety, compliance, and drug & alcohol testing company, announced the release of the Spanish version of its Roadway ...

The ODAPC has published all 2024 DOT random drug testing rates

The chart below outlines the annual minimum drug and alcohol random testing rates established within DOT Agencies for 2024. Event 2024 Random Drug Testing Rate 2024 Random Alcohol Testing Rate ...